Murder Confession Ruled Admissible

July 19, 1986|By Gina Thomas of The Sentinel Staff

KISSIMMEE — Police did not violate the rights of a man charged with murder when they tricked him into talking with them, and the resulting confession can be used as evidence, an Osceola circuit judge ruled Friday.

Judge Rom Powell's decision clears the way for Barry Johnson, 26, to go to trial Monday on a second-degree murder charge in the death of his roommate, James Marmor, 26. Prosecutors say the confession is the only evidence.

Johnson's attorney, Bucky Blankner, had argued police lied to Johnson and coerced him into accompanying them to a police department in Athens, Pa., where Johnson confessed. Marmor and Johnson, both from Elmira, N.Y., were roommates in Kissimmee when Marmor died on Dec. 31, 1984.

Johnson told police the men had fought, and he threw a boot that hit Marmor in the head. An autopsy showed that Marmor died from a blow to the head that caused a brain hemorrhage.

Johnson later moved back to New York, then to Pennsylvania. He was charged in September 1985.